WILSON v. GARDNER

No. 7321SC169.

197 S.E.2d 807 (1973)

18 N.C. App. 650

Antonia Umeka WILSON, minor, by her Guardian ad Litem, R. Kason Keiger and Delores A. Moyer v. Lorenzer GARDNER and Hubert Jones, d/b/a Ruby's Ice Cream Company.

Court of Appeals of North Carolina.

July 11, 1973.


Attorney(s) appearing for the Case

Wilson & Morrow by John F. Morrow, Winston-Salem, for plaintiff appellant.

Hudson, Petree, Stockton, Stockton & Robinson by R. M. Stockton, Jr., and W. A. Holland, Jr., Winston-Salem, for defendant appellees.


CAMPBELL, Judge.

The plaintiff's evidence shows without contradiction that the plaintiff was on the curb and then fell into the rear of the moving truck. The evidence is undisputed that the defendant Gardner had determined before moving the truck that both sides of the truck were clear and that it was safe to move. Although some of the group of children were still in the vicinity, the driver had no duty to wait until all...

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